British Legal Drama, Barristers and Those Stupid Wigs…

Wednesday, March 9th, 2011
  The BBC is running a new legal drama called Silk. I watched my first episode tonight and the verdict: dire. It is plodding, panders to prejudice and convention, and looks tired. Something goes wrong when the Brits do legal drama. OK, that’s a sweeping generalization, but it’s not too far wrong. And this show makes it seem so even more. If you want to see good ones then you have to go back to North Square and Rumpole. Admittedly the last is a joke yet it’s a good joke and much missed. North Square, perhaps because it was based in Leeds, did have a grittiness about. It’s real secret, however, was the clerk, McLeish. In Silk all the stock characters are there. The ambitious one, the driven woman who has doubts about her femininity, the insecure one, and the hard-bitten trainee who will get the job at any price. Then they plod to the courts and do their schtick. In this episode every member of chambers, including the prosecutor, was present in court–extremely incestuous. Rather like North Square the only character that interests me is the barrister’s clerk. He’s usually the guy (rarely a woman: in fact never on TV) in the sharp suit (better tailor than his barristers) accompanied by a quasi-Cockney accent and who smokes. No one else does, of course. He’s the one who gets the work and does the necessary dirty deeds. In this episode a black female barrister, Kate, accuses the clerk, Billy (always called by their first names), of not wanting to persuade solicitors to pay her fees. She catches him in the hallway and demands he gets her aged fee of £9000. He claims to have tried, but she won’t have it and says he is pandering to the solicitors in order to get higher paying work for senior barristers at her expense. In the programme it’s clearly true. Later we see the first junior clerk–also black–reporting to Kate that he has got at least half of her aged fee. Gosh, lines are drawn between the avant-garde and the oldies in chambers. Does this mean revolution is in the wind? Would they ever get rid of those stupid horse hair wigs? The Bar has survived for over 500 years so far so no breath-holding, please. Yes, we see soft-hearted lawyers trying their damnedest for their clients and hardened types who say just get on with it…lose some, win some… Yes, every bloody cliche in the book (oops, that’s one) is thrown at us. And apparently there is QC who is the legal adviser to the show. I would advise her to have her name removed quickly or do an Alan Smithee. Despite all that, I’m probably going to watch it again. I’m a sucker for these shows, but at least I can write it off as work (yes, I was doing my research last night…) which is more than you can.

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83 Responses to “British Legal Drama, Barristers and Those Stupid Wigs…”

  1. Maurice Jensen Says:

    re: Silk-
    If this series offends because it’s cliched, it may be because it’s also fairly, and shockingly, true to my experience over 39years, when the client would see his or her appointed and chosen barrister, only to be told the night before the trial that So-and -so is part heard and won’t be able to do the case but Miss. la-la is free. She will usually be someone known but won’t have much chance to have a good, considered read of the (usually weighty) brief. Nor will she have the benefit of having met the client.

    Crimnal case fees are usually paid direct to counsel by the Legal services Commission, as not many small criminal cases are privately funded.

    The vast majority, maybe all, of counsel appearing at Southampton or Winchester Crown Courts would always remove wigs and gowns before walking around on the city’s streets. I would consider counsel extremely silly to walk around the streets in Court dress, and I was sending them their work.

    As a series of stories most of the detail-law-is accurate and relevant. I found it interesting and enjoyable too. I’m sorry tour correspondent didn’t.

  2. Christine Parker Says:

    John, you need to try Rake, the latest Australian drama about barrister. Brilliant!
    http://www.theblurb.com.au/Issue120/Rake_TV.htm
    Christine

  3. John Flood Says:

    @Christine, thanks! I’ll try and get this.

    @Maurice, I was being a bit tongue in cheek about Silk, nevertheless I appreciate your comment. I am a sucker for these TV shows and I love to watch them. I did some research on barristers’ clerks years ago and hanging around barristers’ chambers I saw how barristers could be caught up in one case and unable to move on to the next. I was always intrigued how the clerk would do his utmost to keep the case in chambers, but I couldn’t help feel a twinge of sympathy for the client who wouldn’t have a clue what was going on.

  4. Liz Says:

    Love the series and intrigued by Billy’s role. I have been trying to find out what music Martha played at home in the first two episodes – can anyone help becuase the BBC seems unable to.

    liz

  5. John Flood Says:

    Hi Liz, can’t help you with the music…but if you are interested in Billy’s role you might want to look at something I wrote about barristers’ clerks here: http://www.johnflood.com/pdfs/Barristers_Clerks_book_1983.pdf

  6. Bernard Whitcomb Says:

    Settled down to watch Silk last night but the background music made it virtually impossible to hear the dialogue – I am a senior citizen and the distraction caused by the unnecessary music spoilt my enjoyment of the episode !

    Bernard Whitcomb (whotlock @ bt internet.com)

  7. John Bailey Says:

    Hi, I saw the trailers and was intigued enough to watch. I am a plain engineer and have no connection with the legal profession so I have to admit I only understand about half of what is going on. The chambers politics is completely lost on me and I have no idea who is senior to who let alone the significance of ‘getting silk’. Having said that, I really enjoy it and the half I do understand. John B

  8. John Flood Says:

    @Bernard I sympathise with you. I’m hard of hearing and use a combination of subtitles and lipreading to get through. It’s a good job you’re not watching the Universe programme–that’s much worse.

    @John Thank you for this because I think we take it for granted that the non-legal public’s knowledge is greater than it is. Silk is Queen’s Counsel and denotes supposedly superior knowledge and skills, but ultimately allows you to charge more!

  9. Richard Thompson Says:

    Apart from the toe-curling man-girl bits, I am completely baffled why the same chambers manages to provide ALL the counsel for a case involving several defendants and a prosecutor. Surel that doesn’t happen in real cases? In another court two juniors or pupils from the chambers were in the same dangerous dogs case representing different dogs!

  10. Dan Says:

    @Richard

    Yes it can! In places like London, its unlikely due to the sheer number of chambers but Barristers are ultimately self-employed: their chambers are simply office spaces, not like a solicitor’s firm. They also have rules that say they must accept any work they can, just like a taxi driver in a taxi rank.

  11. John Flood Says:

    @Richard and @Dan I think you’ll find that tonight’s episode (22 March) tackles this “double manning” head on. At least I hope so.

    @Richard you are right, the perception here is weird. And @Dan I think we all know the “cab rank” rule, that any barrister is supposed to take any case that comes along, is often subverted or evaded. The Office of Fair Trading in its 2001 report on professions could find no evidence to back it up, but it’s always trotted out as a holy truth.

  12. Leigh Says:

    I watch very little TV, almost never watch a series, but I am addicted to this. Maxine Peake is exceptionally convincing, and I am intrigued by the plots in and out of court.Maybe it’s because my ‘Jigcal’ profile (ancient school careers advice system) suggested that I should be a barrister, and I didn’t have the chance, sad but true, I’ll have to live it through a TV series (even I can’t believe I’ve just written that!). Will miss it when it ends…………

  13. Kat Says:

    My partner and I caught up with this series last night and it’s testimony to a fantastic TV show that we watched four episodes in a row with only a break for a cup of tea. We’re saving the last two to watch together as a treat. It is compelling, subtle drama.

    Maxine Peake is superb and Martha is the most important character on TV since DCI Tennison. Bravo to all concerned – the writer, Ms Peake and the BBC.

    More please!!! Love this show.

  14. Andy Says:

    @Liz – not sure whether anyone answered your question about the music but I believe it is Sam Cooke, Bring It On Home To Me.

    Loving Silk btw!

  15. Kate McCoy Says:

    I just want to say I LOVE Silk. I am so enjoying the series. Please BBC make another series. It is the highlight of my TV week.

  16. Jackie Says:

    I love this programme, Maxine Peake is wonderful and it is good to see her in a serious role. You don’t need to have knowledge of the law or the ins and outs of chambers to appreciate the subterfuge going on here. I really hope the BBC do another series of this as I find it excellent.

  17. A Barrister Says:

    I am a Barrister of 17 years call practising in the criminal and quasi-criminal field (i.e. related matters such as police discipline). This is one of the few things I have watched on TV for ages (in fact watching it via iPlayer). Some of the plot devices are excruciating because they are so absurd e.g. no Counsel would speak to a senior prosecutor in the CPS – as Martha does – like they were a moron, wrong charge on the indictment or not, due the economic effect for that barrister and his/her colleagues when prosecution work was withdrawn as a result of such overbearing arrogance. But that can be forgiven: like any other job, a translation to TV would be immensely boring and tedious if all it showed was the daily drag. This is drama and the author must be allowed licence.

    However, the series does capture more accurately than any other barrister-centric series I have ever seen (yes, even than Rumpole, which I enjoy hugely but bears about as much resemblance to modern practice as Dr Finlay does to your average GP Surgery). Three things have stuck out as ringing true to me (1) the terror and feeling of being utterly at sea when I first got to my feet in the Magistrates Court has been well caught in the plots surrounding the pupils (mind you, the clerks haven’t opened champagne following good results after 17 years, let alone 17 days), (2) the very late nights preparing the brief for the next day, and (3) – this is a little one, but often its the little ones that give programs that extra tough of authenticity – the rows of white shirts in her wardrobe.

    So all in all, good fun, but please don’t watch it and think it bears any relation to real life especially vis a vis the clerks room. The economic realities today mean that Billy is very much a historical stereotype, not a modern one.

  18. A Barrister Says:

    TYPOS corrected (apologies):

    I am a Barrister of 17 years call practising in the criminal and quasi-criminal field (i.e. related matters such as police discipline). This is one of the few things I have watched on TV for ages (in fact watching it via iPlayer). Some of the plot devices are excruciating because they are so absurd e.g. no Counsel would speak to a senior prosecutor in the CPS – as Martha does – like they were a moron, wrong charge on the indictment or not, due to the economic effect for that barrister and his/her colleagues when prosecution work was withdrawn as a result of such overbearing arrogance. But that can be forgiven: like any other job, a translation to TV would be immensely boring and tedious if all it showed was the daily drag. This is drama and the author must be allowed licence.

    However, the series does capture some aspects of life at the Bar more accurately than any other barrister-centric series I have ever seen (yes, even than Rumpole, which I enjoy hugely but bears about as much resemblance to modern practice as Dr Finlay does to your average GP Surgery). Three things have stuck out as ringing true to me (1) the terror and feeling of being utterly at sea when I first got to my feet in the Magistrates Court has been well caught in the plots surrounding the pupils (mind you, the clerks haven’t opened champagne following good results after 17 years, let alone 17 days), (2) the very late nights preparing the brief for the next day, and (3) – this is a little one, but often it’s the little ones that give programs that extra touch of authenticity – the rows of white shirts in her wardrobe.

    So all in all, good fun, but please don’t watch it and think it bears any relation to real life especially vis a vis the clerks room. The economic realities today mean that Billy is very much a historical stereotype, not a modern one.

  19. John Flood Says:

    Thank you to you all for your comments. It’s good to receive them. I will be posting more on Silk as we have another 3 episodes

    @A Barrister: Of course you are right. I was shocked by Martha’s attitude to the CPS lawyer, especially when she offered to start on a better footing with her and then insulted her again! And thank you for your tips–I liked number 3 on Martha’s white shirts.

  20. Sam Says:

    I am a legal drama buff, and Silk seems to top it all, it is fantastic. I may not identify with the internal politics of the chambers but it is captivating. So are the story lines, even if some of them are farfetched but it is believable. The cross examinations are bang on. It is witty, it is sharp and the timing is perfect. @Barrister, I wanted to hear that it is better than Rumpole, because I thought I was the only one who thought it. For the law students out there, I think there is much to be learned from it.

  21. Sam Says:

    Nick Slade, is showing promise, potential and progresses in every episode. The story of his character is ingenious as he’s competing with the slick, assertive, business like daughter of a Judge Natalie Dormer, who legally speaking surpasses him in every skill, but somehow, he digs deep despite his sloppy mannerism and comes up with the goods. The series have not yet tackled his criminal past, and it seems there’s a build up to it. It is painful to watch his character growing and getting better only to go like a lamb to the slaughter house. I know there’s a morality issue. Can’t wait to see how it is tackled. I wouldn’t mind seeing him in seasons to come, hopefully not as a defendant.

  22. tory Says:

    just watched the last episode of silk and would like to say what a fantastic ending to a fantastic show. really hope the bbc are making a second series nothing like it .

  23. Grace Says:

    A comprehensive school educated girl who ends up a QC. How refreshing…

    Great Series. Fantastic last episode. Maxine Peak is absolutely BRILLIANT. Hope for new series next year…. Bravo

  24. Oblomov Says:

    Hopefully, to be followed by a sequence and another series of six episodes

    Please

  25. johnflood Says:

    Well, we went out with a bang and whimper combined here. I’m sure we will be seeing another series. I hope so. Never have I felt so conflicted about a show as this. More!

  26. Gideon Sassoon Says:

    I don’t don’t claim to have any ties to the legal world in fact before this the closest thing I came to this was Phoenix Wright: Ace Attorney (A story about a US lawyer defending doomed clients) Which was compelling in the story that unfolded (even if it did cross over to the supernatural) But I would highly recomend having a look at it. It’s form that you find it in you may question. But is this a story? I assure you it is. Which why I mention it.

    I have watched all 6 Episodes of Silk now and I really enjoyed it.
    My real disappointment was with Noah, I was expecting from the preview that he would of been a challenge for Martha, instead he was bumberling and useless (No offence too Adrian Schiller, he still played the act well)
    The other, it was always going to happen for Clive that Cranitch would oversee his QC.
    Not too much of a fan of the pregnant story. I mean yeah it was okay, but that sort of thing is more for the older generation of women not your 20 year old uni student.

    But good of you to take the idea of bringing back past characters,
    Gary Rush etc. Plant characters and bring them back. Only occasionally.
    But create a deep meaning. Explore the different things you could do with them. (Don’t just lump them pregnant XD )

    Must admit in shame I did go and watch a couple of court cases, Kingston crown no doubt (which you filmed on) I understand of course this does not pay any heed to real life courtrooms, which is a pity life would be a bit more fun.

    (Would like a soundtrack please)
    Looking forward to the next series

  27. David Brooks Says:

    Loving this series… hope it’s re-commissioned for a second series.

    In reply to Liz… one of the pieces of music played by Martha on her gramaphone is ‘The Ballad Of Lucy Jordan’ by Marianne Faithful.

    David

  28. Sandra Says:

    Please, please do this series again – best thing on the telly!

  29. Martin Edwards Says:

    The barristers seem to make an awful lot of assertions in court, rather than asking questions. I realize that the systems are somewhat different, but in, eg, New York, the opposing lawyer would be always jumping up with “Objection, argumentative”.

  30. Caron Says:

    I loved this series but sadly missed the first episode so I found the Gary Rush character and his significance a bit baffling – can anyone help pls ?

  31. John Flood Says:

    @Caron, same with me almost. I didn’t come till #3. I hope the BBC repeats this series on BBC4 or other before long and before–I hope–series 2 comes along.

    And I don’t know who Gary Rush is either….

  32. Oret Says:

    Just finish watching final episode of series what a pity this is the end. I must admit the BBC must realise that the focus of the show is the plot and interaction between characters and not the dramatised music that seems to drown everything. This is so off putting.

    Also could we have more background light as every quite a lot of the scenes are very dark and brooding. The lightening within Marthas’ home and the office environment is unsuitable for reading much less conducting business.

    Overall an excellent series – hoping this will return soon.

  33. John Bailey Says:

    Boo, Silk has finished. I loved it. I still don’t understand half of what is going on and have no idea where all the various job titles fit in the hierarchy or exactly what all those young lads do in Billy’s office but all that aside, I found it compelling and when one episode finished I really looked forward to the next one. I am very choosy when it comes to television programmes and most of what is on offer is complete drivel so a programme I look forward to is a rare treat.
    I found Martha an amazing character beautifully played and I certainly would not want to face her when she had her ‘cold’ persona in full flow – frightening. I liked the fact that I did not know most of the actors, in fact the only actor I properly recognised was Billy, all the others were totally new to me and I found that refreshing because often I waste precious programme attention trying to remember where I had seen a certain actor before. I really, really hope it comes back for a second series.

  34. Kat Says:

    Really well-written stuff. Thanks BBC. Hope for another series as I haven’t looked forward to a TV show so much in years.

  35. Amin Says:

    This is a truly excellent show and I hope upon hope that we get at least a second series. Even those elements that pander to a certain amount of cliche are well-drawn. In fact it rather reminds me of North Square in so many ways. And Rumpole, which was a wonderful series in its day, was never really meant to be a serious drama. It was always a comedy drama.

    Nobody has mentioned the superb Kavanagh, Q.C. John Thaw doing what he did best – impressing in almost everything he did. That was another “flavour” of barrister show, but equally good.

    I beg to differ with the original poster, however. I think we do this kind of drama very, very well.

    Bring back Silk soon!

  36. Dave P Says:

    I have just watched the last instalment of this exelent mini series and just as Amin said please can we have another series of one of the best and most gripping series I have seen

  37. Robert Ward Says:

    I practiced 30 years ago, when senior clerks in successful chambers were very wealthy and powerful men.They developed or dessicated the careers of barristers. I loved the series. The English Bar is a wonderful and unique institution, rapidly changing but with the serious decline of Legal Aid still likely to remain the preserve of the well off, and those with the certain something that actors also must have: a willingness to wait relatively unpaid (c.f. Solicitors) until they gain a practice. Let’s have a second series of this wonderfully atmospheric drama!

  38. Dave V Says:

    Brilliant, brilliant, brilliant. The BBC must commission a second serious. From someone who knows nothing of the law and yet it intrigues me so much, a brilliant insight.

  39. Dave V Says:

    Brilliant, brilliant, brilliant. The BBC must commission a second series. From someone who knows nothing of the law and yet it intrigues me so much, a brilliant insight.

  40. Jeff Says:

    Is it just me but did nobody else find that ending extremely poor, they had brilliantly built up the drama right to the end and then in 5 minutes destroyed it, i was extremely disappointed with it or maybe they have done this so they can make another series, if there is no other serious then that is a pretty abysmal way to end what was a great drama.

  41. Alan Jones Says:

    More more more, what else!

  42. Jenniferms Says:

    I just loved this series. I have worked as an expert witness for 15 years and love the whole legal wranglings. I so enjoyed John Flood’s book with its behind the scenes look at chambers – brilliant stuff.

  43. John Flood Says:

    Well, the clear consensus is we need more. Let’s hope the BBC gets the message.

    @Jenniferms thank you very much for the kind comment on the book. Much appreciated!

  44. Christine van der Linden Says:

    I’ve just finished watching the 6th Episode of Silk and wanted to say that it is probably one of the best series I have watched on BBC for a long time. Best in all senses, actors, scripts, music (especially in producing the right amount of tension), intrigue, excellent storylines both in and out of court and these words don’t do it any justice! Really looking forward to series 2. Congratulations to everyone involved. Awesome :)

  45. Donna Says:

    The BBC comes in for a lot of negative criticism. The almost unfillable gap in my viewing life when Spooks finished has been filled by Silk. Fabulous acting and great story lines. Please reassure me there’ll be a second series!

  46. Karen Says:

    What a superb series! Casting, actors and characters brilliant. OK, I’m sure some elements were possibly not true to life, but it is a TV drama after all. I have been totally fascinated (and a little baffled) by the way this part of the legal system works. Compulsive viewing it has been – I watched each episode twice! Please, please, please bring back a second series!

  47. johnflood Says:

    @Karen is spot on with the fact that this is TV drama and not real life, nor should it be. If everything was as it should be in real life it wouldn’t be good drama. But she does create a possibility of some judicious gap filling in that some people are baffled by parts of it. This is something we could address. I’d love to know what does confuse or baffle people.

  48. Lynne Says:

    I thought this show was brilliant and am very sad it is over. Tuesdays will not be the same

  49. Roland Says:

    All 6 episodes are still available on BBC iPlayer. It’s definitely worth knowing who Gary Rush is and the significance of the medal. Great series, I hope we see another series soon.

  50. Roland Says:

    Sorry if I overstep the mark by posting a link, but I thought most of you would be interested to know that a second series has been confirmed by the BBC at this link:

    http://faq.external.bbc.co.uk/questions/television/silk_series2/?src=interstitial

  51. johnflood Says:

    @Roland, not at all. Thank you for leaving the link. It will be most useful.

  52. Ria Devey Says:

    Well done BBC for commissioning a 2nd series- please make more than 6 episodes!….love all the characters, Martha etc, but especially Billy-(Neil Stuke) I’m intrigued as we already know that Martha and Clive have had a previous casual relationship, but I wonder if Martha and Billy have too?, as there seems a familiarilty between them…..

  53. Judith Lee Says:

    I have really enjoyed this series and plead for another. How am I going to wait until next year!

  54. Dr Bookworm Says:

    Will the BBC PLEASE PLEASE bring this excellent series back next year. series like Waking the Dead finishing and even Spooks hanging in the balance it would be nice to think that we have something to look forward to on the beeb. Having said that I think it stands up on its own merits. I just thought it was fantastic and looked forward to every episode. I even watched it all again on the I Player!!

  55. Bobby Says:

    Help! Watched number 5, deleted number 6 by mistake and I’m too late to watch it on I-player, please would someone fill me in?

  56. simant Says:

    silk is my most favorite program on BBC , I even used to watch the same episode twice sometimes .. and m felling sad that its over now.. Very well done Silk Team.

  57. John Bailey Says:

    JohnFlood asks what confuses viewers? Well the main one for me is; what do all those lads in Billy’s office do? Also do pupils really handle cases completely on their own with 10 minutes preparation? It is a bit like a student doctor taking on an operation I would have thought – possibly someones entire future in your (inexperienced) hands. Lastly, I always thought a clerk was a lower member of office life but Billy appears to be all powerful, must be a different class of clerk and obvious to those in the know. I really don’t understand the hierarchy at all but a second series will help with that I hope. Perhaps they could introduce the characters in hierarchical order during the intro, that might help idiots like me! I am really looking forward to series two anyway!

  58. John Flood Says:

    @John Bailey: You have touched on one of the mysteries of the Bar–the barrister’s clerk, namely Billy. The clerks are vital because they negotiate the barrister’s fees, fix the diary, and carefully groom the barrister’s career. They may be working class and not as highly educated as the barristers but they are powerful as they are able to monitor the barristers in chambers and see who is good and who might need advice and counselling. Clerks often form an alliance with the head of chambers to plan the business. Under the senior clerk you have a variety of junior clerks who are senior clerks in waiting.

    At one time clerks used to receive a percentage of the brief fee as their pay. Now they get a salary and a small bonus percentage. It’s still a lucrative job.

    At the expense of blowing my own trumpet, you can read a book about them that’s available for free download on this website at http://www.johnflood.com/pdfs/Barristers_Clerks_book_1983.pdf. Or if you prefer something shorter there is a magazine piece at http://www.johnflood.com/pdfs/Counsel_Fall_&_Rise_Barristers_Clerks_2007.pdf.

    On the way barristers work, I’m afraid there is a lot of that last-minute, just-in-time lawyering. Often a solicitor will call up and say a client is on remand at a local magistrate’s court and could a junior barrister go and apply for bail. It’s quite formulaic. Nevertheless there is too much of it.

  59. Glyn Bennett Says:

    Utterly compulsive viewing with brilliant casting and characterisation and gripping story lines. Worth my TV Licence fee on its own. Thank God that the BBC can still produce quality TV. More like this please and a lot less TV executives and overpaid would be Jonathan Ross’s.

  60. Robin Wilson Says:

    What a superb series. I have just watched it again, and not only has it cleared up a lot of uncertainties for me, but I enjoyed it even more the second time!

    I was in two minds about a second series,although I am glad to hear that one has been commissioned. Fabulous acting and great story lines, as somebody said. How can it get any better?!

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